President Luiz Inacio Lula da Silva sanctioned this Friday (25) the law that establishes the credit of the worker, aimed at employees of the private initiative with a formal contract (CLT). Lula also approved the inclusion of drivers and application delivery, made by the National Congress during the process. 
The standard was published in the Official Gazette of the Unionreported the Planalto Palace.
The CLT payroll was instituted by provisional measure (MP) of the Federal Government in March, but depended on the Final approval of parliamentarians not to lose the validity.
Since then, according to federal government data, The program has already moved R $ 21 billion in loans, through 4,075,565 contracts covering more than 3.1 million workers. The average credit per worker is R $ 6,781.69, with an average period of 19 months to pay the installments.
The Ministry of Labor and Employment (MTE) reported that About 60% of loans are concentrated on workers who receive up to four minimum wagessegment that, according to the portfolio, did not have access to credit with more advantageous conditions. Currently, the average interest charged in the CLT payroll is 3.56% per month.
For beneficiaries of the National Institute of Social Security (INSS), the established ceiling is even lower, currently set at 1.80% per month. At the other end, personal loan is not consigned to have average rates ranging from 6.50% to 8.77% per month, with an overall average of 8.1%, values considerably higher.
By law, the MTE will be responsible for overseeing whether employers are correctly fulfilling the obligation to perform all necessary procedures for the operationalization of discounts and the transfer of the amounts of the benefits contracted in payroll loans. According to the portfolio, if undue discounts are identified or the absence of transfer of the amounts to banks, the employer may be penalized with administrative fine.
The new law also establishes the creation of the Management Committee of payroll loans, which will define parameters, elements, terms and conditions of contracts, as well as the execution of these operations. The committee will consist of representatives of the Civil House, the Ministry of Labor and Employment, who will coordinate the group, and the Ministry of Finance.
Application drivers
In the case of credit to passenger transport drivers by application, the concession will depend on the existence of an agreement between the platform to which the worker is linked and credit institutions. In this case, when hiring loan, the worker will offer the amounts received in the application.
In the sanction of the new law, the President of the Republic vetoed provisions related to the sharing of personal data between consignment institutions, as they understand that they violate the General Law on Data Protection (LGPD).
In addition to the sanction, Lula signed Decree No. 12.564, which requires the use of biometric verification and worker identification mechanisms in the signing of contracts, in accordance with LGPD. In the case of payable loans, the new interest rates shall be lower than that of the original operation. The worker may compromise up to 35% of his salary with the payment of loan installments.
Credit
The worker who wants to access the credit should do so directly on the website or application of banks and in digital work card page on the internet or the app of the same name. When accessing, the worker can authorize the sharing of the data from the eSocialelectronic system that unifies labor information, to apply for the credit proposal.
After the authorization to use the data, the worker receives the offers within 24 hours, analyzes the best option and hiring the bank’s electronic channel. From April 25, banks will also be able to operate the private consignment line within their digital platforms.
The installments of the payroll loans will be discounted on the worker leaf monthly, through eSocial, until the consignable margin of 35% of gross salary, including commissions, allowances and other benefits. After hiring, the worker follows monthly payment updates.
In addition, workers with other active payroll loans can migrate the existing contract to the new model within the same bank and between different banks. The report says that in portability operations there should be “interest rate less than the interest rate of the original operation”.
In case of dismissal, the amount due will be discounted from the severance pay, observing the legal limit of 10% of the balance of the Service Time Guarantee Fund (FGTS) and 100% of the termination fine.
If the discounted amount is insufficient, the payment of the installments is interrupted, being resumed when the worker gets another CLT job. In this case, the value of the benefits will be corrected. The worker can also look for the bank to hit a new form of payment.
